Month: August 2010

NRC Sends New Recommended Wood Smoke Ordinance Back to Davis City Council

NRC Sends New Recommended Wood Smoke Ordinance Back to Davis City Council

By David GreenwaldAugust 5, 201038 comments

woodburningBy Alan Pryor –

On July 26, the Davis Natural Resources Commission (NRC) unanimously approved a new Recommended Wood Smoke Ordinance to be sent to the Davis City Council for review, and hopeful ly passage, some time in September. This is the 4th time the NRC has sent a recommendation for a comprehensive wood smoke ordinance to the Council

Background – Prior to the recent deliberations in July, the NRC considered the results of 2 additional studies performed last year in Davis and presented to the NRC in June.

Breaking News: Federal Court Judge Walker Strikes Down Prop 8

Breaking News: Federal Court Judge Walker Strikes Down Prop 8

By David GreenwaldAugust 4, 201024 comments
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U.S. Federal Court Judge Vaughn R. Walker, in a 136-page ruling, said “Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.”

In so doing, he struck down one of the most followed and controversial California ballot measures in recent years.  The ruling is significant in that it struck down the proposition as a violation of federal constitutional guarantees of equal protection and due process.

In the Wake of the Bell Scandal, State Controller to Require Disclosure of Top Salaries

In the Wake of the Bell Scandal, State Controller to Require Disclosure of Top Salaries

By David GreenwaldAugust 4, 20108 comments
Seal_Bell.jpgWith the case of the City of Bell’s pay for their city manager, assistant and police chief making headlines across the state and even nationally, State Controller John Chiang Tuesday announced new reporting requirements for all California cities and counties, directing them to clearly identify elected officials and public employees’ compensation. The information will be posted on the Controller’s website, starting in November.

It took an expose by the Los Angeles Times to reveal that the city manager had received a salary of $800,000.  In addition to that the Mayor and Council got an obscure measure on the ballot that allowed council members to pay themselves any amount of money.  They received $90,000 and $100,000 a year as part-time councilmembers.

County Board of Supervisors Votes to Phase Out Judicial Benefits

County Board of Supervisors Votes to Phase Out Judicial Benefits

By David GreenwaldAugust 4, 20102 comments
matt_rexroad2In the end, Supervisor Matt Rexroad was the lone dissenting vote on a motion that would phase out the county’s obligations to pay extra Judicial Benefits within two years. The board voted 4-1 to implement a termination in 2012 as an alternative to the other options already on the table.  On the other hand, without Mr. Rexroad’s dogged advocacy on this issue, it is likely that his colleagues would not have gone even this far.

The compromise solution, if you will, arose out of the staff report’s alternative view which would “provide notice of termination now and to extend the actual termination date to the next election cycle in 2012.”

Yolo County Jury Hangs in Case of Admitted Child Molester

Yolo County Jury Hangs in Case of Admitted Child Molester

By David GreenwaldAugust 4, 20106 comments

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Last week, a Yolo County jury hung on all 12 counts for a man who was accused of and admitted on the stand to having actually made inappropriate sexual contact with a minor under the age of 14.  The incidents occurred in 2008 and 2009.  The victim is presently 11 years old. The defendant moved out of the home on June 1, 2009.

While that portion of the case was fairly cut and dried, the complicating factor was a brain ailment that the defendant, Erik Sass, suffered from which likely led two or three jurors, depending on which count, to vote to acquit.

MOU With Davis Police Officers Association Approved And New Mayor’s Rigid Style of Governance

MOU With Davis Police Officers Association Approved And New Mayor’s Rigid Style of Governance

By Elaine Roberts MusserAugust 3, 201017 comments

saylor_webBy E. Roberts Musser, filling in for David M. Greenwald

The City Council approved without change the Davis Police Officers Association MOU, as described thoroughly in the August 2, 2010 Davis Vanguard article on the subject. The vote was 4-1, with Councilmember Sue Greenwald in opposition. She expressed her concern that the structural changes were not substantive enough to address the city’s unfunded health and pension liabilities. For informational purposes, City Staff noted the total compensation currently budgeted for an average five-year fire fighter is $139,792 (or $143,569, whichever figure is correct since Staff was very unclear why they gave two different numbers); for an average five-year police officer it will be $131,992. The average five-year fire fighter’s yearly salary is $94,783; for an average five-year police officer it will be $86,479.

Councilmember Greenwald stated she could not support any contract “that doesn’t make the necessary reforms in the cafeteria cash-out and allow us to put it towards paying off our unfunded health liabilities”. Assistant City Manager Paul Navazio clarified that the total compensation figures do count the value of the cafeteria cash-out. When Council member Greenwald tried to respond to Mr. Navazio’s statement, Mayor Saylor forbid further commentary. He would not recognize her, despite her having raised a point of order. Instead Mayor Saylor emphatically stated “as presiding officer” he would “take a vote”. Council member Greenwald was helpless to do anything without running the risk of censure or being stripped of a committee/commission assignment.

RDA Funding Approved to Finance New Hanlees Volkswagen Auto Dealership

RDA Funding Approved to Finance New Hanlees Volkswagen Auto Dealership

By David GreenwaldAugust 3, 20106 comments
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By E. Roberts Musser, filling in for David M. Greenwald –

At the unusually early hour of 9:30 a.m. on August 2, 2010, the City Council considered a City Staff proposal to provide financial assistance for relocating a VW auto dealership from Napa to a vacated/blighted parcel within the redevelopment project area of the city. The parcel in question is located at the former Ford dealership site in south Davis on Chiles Road. It is currently being underutilized for an auto repair shop. The proposed City Staff resolution authorizes the Redevelopment Agency to execute an Owner-Participation Agreement with Hanlees Partners (who already own several auto dealerships in Davis), to allocate up to one million dollars from the Redevelopment-Commercial Development funds (funding Davis receives from the federal gov’t) as a loan.

According to City Staff, discussions with Don Lee of Hanlees indicated it would cost approximately $2 million dollars to demolish the existing building, erect a new state-of-the-art showroom, remodel the service building and improve the site. A consultant, Economic and Planning Systems (EPS), was hired by the city to do a fiscal analysis of the project and Hanlees’ need for city financing. Prior to this, upgrades of such a nature have been done without the city’s fiscal assistance. However, because of the recent downturn in the economy, it has become virtually impossible for dealerships to obtain suitable financing on their own at reasonable rates, said City Staff.

Early Test for New Council? DPOA’s New Contract Set For Ratification

Early Test for New Council? DPOA’s New Contract Set For Ratification

By David GreenwaldAugust 2, 201026 comments
police_tapeOne of the most contentious issues on the previous council was the approval of the new contracts for the employee bargaining groups.  Councilmember Sue Greenwald, along with former Councilmember Lamar Heystek, consistently opposed the contracts. They argued that there was too little in the way of long-term concessions, insufficient short-term cuts and insufficient mechanisms to fix unfunded liabilities or pensions.

The Council has drawn the line in the sand with one employee group, the Davis City Employee’s Association (DCEA).  They did so however at a contract that was roughly similar to what groups like the Firefighters already agreed to.

Gang Injunction: Vanguard Research Shows Nuisance Will Be Very Difficult to Prove

Gang Injunction: Vanguard Research Shows Nuisance Will Be Very Difficult to Prove

By David GreenwaldAugust 2, 201015 comments
ganginjunction_catLast week the second week of the gang injunction trial slogged on with even Judge Kathleen White getting a bit impatient with both the pace of the trial and also the fact that the plaintiffs, the Yolo County District Attorney’s Office, have chosen a piecemeal approach to presenting their case.

In some ways, one has to feel a bit sorry for Deputy DA Jay Linden, on his own as his colleague Ryan Couzens works on another trial and facing the wrath of eight defense attorneys, armed with an endless slew of objections that have made this case move at a snail’s pace.

Davis Celebrates 20 Years of ADA with Disability Pride Parade

Davis Celebrates 20 Years of ADA with Disability Pride Parade

By David GreenwaldAugust 1, 20102 comments

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On Saturday, over 100 people gathered in Davis’ Central Park to celebration the 20th anniversary of the passage of the Americans with Disabilities Act.  Organizers say they hope to “strengthen the pride, power and unity of people with disabilities, our families and allies” and “challenge the way many people think about and define ‘disability.’ ”

The lively group marched on the sidewalk around the park and then gathered at the Rotary Stage for speakers and performers.

Will Arizona’s Controversial Immigration Law Hold Up?

Will Arizona’s Controversial Immigration Law Hold Up?

By David GreenwaldAugust 1, 201030 comments
iceWe have not discussed Arizona’s SB 1070 much on these pages. However, as the law appears to be bleeding into local issues, it is worth noting that it seems likely that US District Judge Susan Bolton’s order preventing enforcement of key provisions until the court rules on the law’s constitutionality is likely to stand.  At least that is what several legal scholars are predicting and their reasoning seems sound.

On the one hand there is a danger in making the assumption that a court will throw out a law just because it violates the constitution. As UC Davis Law Professor Kevin Johnson points out in an Op-Ed in the Washington Post, co-written by a University of Arizona Law Professor, they cite a  1975 case which allows the Border Patrols the power to stop vehicles near the U.S.-Mexico border and question the occupants about their citizenship and immigration status. The high court ruled that the “likelihood that any given person of Mexican ancestry is an alien is high enough to make Mexican appearance a relevant factor.”